Chicago Title & Trust Co. v. Brady
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The facts admitted by defendant himself, as a witness, are binding on him with like effect as though parts of his pleadings in the cause.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The facts admitted by defendant himself, as a witness, are binding on him with like effect as though parts of his pleadings in the cause. Shirts v. Overjohn, 60 Mo. 308; State v. Brooks, 99 Mo. 137; Payne v. Railroad, 30 S. W. 148. (2) On the facts admitted by defendant, the court erred in declaring the law to be that the plaintiff, as receiver of the Globe Savings Bank, was in no better position than the bank itself. Where the facts show that defendant aided the bank to obtain a fictitious credit, by means of devices…
1Opinion of the CourtBrace, P. J.
The plaintiff is the receiver of the Globe Savings Bank of Chicago, and as such sues to recover upon six *200promissory notes, one for $5,000, one for $4,200, and four for $Y00 each, executed by the defendant and delivered to said bank, and which were found by the receiver among the assets of the bank.
The answer of the- defendant admits the execution and delivery of the notes to the bank and sets up as a defense thereto that they were so executed and delivered without any consideration, for its accommodation. The defendant introduced evidence tending to prove the defense set up in the answer, and…
2Cases cited1 opinion
- Cox v. VolkertSupreme Court of Missouri · 1885
3Cited by25 opinions
- German American State Bank v. WatsonSupreme Court of Kansas · 1917
- Rheney v. AndersonCourt of Appeals of Georgia · 1918
- Rudolph Wurlitzer Co. v. RossmannMissouri Court of Appeals · 1916
- Kessler v. ClayesMissouri Court of Appeals · 1910
- Brady v. CobbsCourt of Appeals of Texas · 1919
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